65  3.6  3 
H55  P 


HILLIARD,  GRAY  ANC  CO. 

PETITION  O'7  HILL- 
IARD, GRAY  AND  CO. 


The  person  charging  this  material  is  re- 
sponsible for  its  return  on  or  before  the 
Latest  Date  stamped  below. 

Theft,  mutilation,  and  underlining  of  books 
are  reasons  for  disciplinary  action  and  may 
result  in  dismissal  from  the  University. 


. i. 


is 


(p  J if 


' iL  ~ 


To  the  Senate  and  House  of  Representatives  of  the  United 

States,  in  Congress  assembled. 


The  undersigned,  belonging  to  the  wvera I trade" 
and  professions  concerned  in  tha  various  branch's  "f 
printing  and  publishing,  respectfully  presi s . t tl re  fo 
loiviliE5  facts  and  considerations,  which  tliey  deem 
tdike"  mterestilie  to  themselves  and  the  community, 

»”UnrrhTp^?aw“nof  international  copy 


pr  The  advantages  of  the  pound  duty,  are  its  eonven- 
ieuce,  its  • * In  this  country 


^ver^^hitefraiBy  thb^veTyforeign  book  in  Eng- 

S^S^ve^o^K 

the  lories  t^te^insm^^^B^; 

In'Z  Zorom  duty  of  twenty  per 
/.out  i«!  to  take  the  place  of  the  specific  duty. 

The  material  point  to  which  your  ,I^;X  hey  be- 
attention,  is  the  ad  valorem  principle,  .i  reference  to 

particularly 

°PIn  respecT to° most  merchandize,  there  is  an  estab- 
lished relation  between  the  cost  of  the  materia  . 
the  labor  requisite  to  produce  them,  and  their  alu  , 
thus  affording  a guide,  as  well  to  their  purchase  and 
sale,  as  to  their  appraisal.  But  it  is  otherwise  with 
books.  The  character  of  the  authors;  the  pievalent 
taste  of  the  day;  the  number  of  copies  printed  in  an 
edition,  and  whether  printed  from  moveable  types,  or 
from  stereotype  plates-areall  circumstances  operating 
in  a peculiar  manner,  or  a peculiar  degree,  to  affect 
their  value.  No  person  can  determine  therefore, 
from  inspection,  nor  indeed  without  knowledge  on  all 
these  points,  what  the  value  of  an  invoice  of  books 
may  be.  It  is  believed  that  this  uncertainty  will  be 
the  ambush  in  which  fraud  may  be  concealed  under 
an  ad  valorem  duty ; and  that  fraud  may  often  be  sus- 
pected or  imputed,  where  none  is  designed.  At  all 
events,  there  must  be  uncertainty  and  fluctuation, 
alike  vexatious  to  the  trade  and  the  custom  house. 

But  a more  important  consideration  is  this.  In  the 
cost  of  a book,  the  composition,  or  setting  up  of  the 
types,  isamaterial  item,  forming  about  twenty-fi\e  per 
cent,  of  the  whole  expense.  Yet  when  this  compo 
•ition  is  once  done,  or  when  a work  is  stereotyped,  any 
number  of  copies  may  be  thrown  off.  Now,  if  an  ad 
valorem  duty  is  imposed,  your  memoralists  apprehend 
that  most  books  imported  from  England,  will  come  at 
a slight  advance  upon  the  cost  of  paper  and  press  work 
only.  The  publisher  has  but  to  assume  that  the  types 
are  set  up,  or  the  stereotype  plates  cast,  with  reference 
to  the  English  market— that  what  comes  here  is  con- 
tingent and  accidental,  and,  therefore,  in  estimating  it, 
the  expense  of  the  press  work  and  paper  only,  is  to  be 
regarded.  It  is  a matter  well  understood  that  editions 
have  been  ac.u  illy  struck  off.  for  the  American  market, 
1 the  sale  being  made  with  reference  to  such  calcula- 
tions as  these.  To  carry  the  system  into  complete 
effect  the  London  publishers  have  but  to  establish 
branches  of  their  houses  in  our  principal  cities,  and 
consign  to  them,  a d to  be  sold  for  their  account,  any 
portion  of  ' eir  publications,  and  run  them  into  the 


operation  upon  the  American  press.  In  this  country 

6cag  » ** 

E;  ri/SS^kiSd^d  defied  for  ^ 

reSanlSt^  i^Sy”  d^'lt’  fs ‘desm 
able  then,  as  a means  of  protection  to  the  industry 
engaged  in  it,  to  diminish  the  sale  of  cheap  English 
books.  The  pound  duty  upon  this  class  of  publica- 
tions is  often  over  fifty  per  cent,  ad  valorem,  while,  on 
more  costly  publications,  it  is  from  ten  to  fifteen  per 
cent.  only.  As  a general  rule,  the  duty  referred  to,  on 
books,  was  moderate,  yet  in  its  form  it  was  favorable  to 
the  actual  state  of  the  American  book  manufacture,  by 
affording  it  some  protection ; it  laid  a light  tax  on  cosily 
works,  not  likely  to  be  republished  here,  and,  there- 
fore, not  conflicting  with  our  trade;  and  imposed  a 
heavier  duty  on  those  which  would  come  in  competi- 
tion with  our  productions.  It  is  not  easy  to  conceive 
of  a system  bet’.er  devised  to  secure  all  the  revenue  that 
can  be  derived  from  this  source ; to  entourage  our  own 
industry ; and  to  favor  the  cause  of  knowledge  and 

science.  „ , . , 

While,  therefore,  the  policy  of  the  former  law  seems 
to  be  recommended  by  obvious  and  cogent  reasons, 
your  memorialists  are  unable  to  discover  any  advan- 
tages that  could  accrue  from  a change  in  that  system. 

An  adherence  to  an  ad  valorem  duty  could  not  benefit 
the  revenue,  while  it  would  prove  ruinous  to  many  of 
your  memorialists,  and  injurious  to  the  public,  by  forc- 
in0,  out  of  the  trade  a considerable  amount  of  capital 
now  actively  engaged  in  the  circulation  of  iiseful 
knowledge.  It  would  introduce  English  editions  of 
many  hooks,  sufficient  to  discourage  and  prevent  their 
republication  here;  these  would  be  higher  in  price 
than  American  reprints,  and  thus  a double  injury 
would  be  inflicted  on  the  community,  t t** 

Your  memorialists  would  therefore  earnestly  re* 
quest  that  the  pound  duty  may  be  restored;  but  they 
desire  slight  modifications  of  the  old  Hw,  and  there- 
fore pray  that  the  following  rates  upon  foreign  books, 
prints,  and  types,  may  be  established:— 

Thirty  cents  per  lb.  on  bound  books  in  English. 
Twenty  six  cents  per  lb.  oil  unbound  books  in  En- 
glish. 

Fifteen  cents  a pound  on  all  bound  books  in  Latin 
and  Greek,  printed  subsequent  to  the  beginning  of  the 
year  1800. 

Thirteen  cents  on  those  which  are  unbound. 

Four  cents  a volume  on  ail  books  printed  prior  to 

1800.  , ‘ 

On  all  books  in  modern  foreign  languages,  four 

cents  a volume. 

On  sheet  music,  one  cent  and  a half  a page. 

On  all  engraviugs  and  lithographs,  twenty  cents 
each. 

On  all  types  and  stereotype  plates,  twenty  cents  per 
pound. 

There  is  another  topic  on  which  yrtir  memorialists 
beg  leave  to  offer  a few  suggestions,  which  are  rend- 
ered pertinent  by  the  faet  that  the  subject  is  now 
before  Congress.  We  refer  to  an  international  copy 
right  law,  which  is  urged  on  the  ground  of  justice  to 
authors,  and  encouragement  of  a national  literature. 
We  are  far  from  disregarding  these  considerations,  but 


V 


/ 


we  apprehend  that  a view  of  the  whole  subject  will 
lead  to  conclusions  adverse  to  the  proposed  law. 

As  it  respects  justice  to  authors,  we  readily  admit 
that  a man  is  entitled  to  the  fruits  of  his  lab^r,  phys- 
ical or  mental ; but  what  these  fruits  shall  be,  must 
be  determined  by  a regard  to  the  general  good.  This 
last,  indeed,  furnishes  the  controlling  rule  in  legisla- 
tion. The  copy  right  law,  the  patent  law,  is  estab- 
lished, not  merely  or  mainly  as  an  act  of  justice  to 
authors,  or  inventors,  but  as  a means  of  benefitting 
the  public,  by  presenting  the  stimulus  of  compensa- 
tion to  literary  and  inventive  talent.  Policy,  then,  or 
national  justice,  takes  the  lead,  and  equity  enforces 
the  reward  which  the  law  itself  has  promised.  The 
argument  of  justice  to  authors,  in  favor  of  an  in 
ternational  copy  right  law,  is  valid  only  so  far  as  it 
may  coincide  with  the  good  of  the  whole,  till  such  a 
law  is  established.  The  whole  question  prior  to  its 
passage  is,  practically,  one  of  policy,  and,  as  presented 
to  an  American  Congress,  is  simply  this — will  it  ben- 
efit the  nation,  all  things  considered  ? 

To  determine  this,  let  us  look  at  our  position.  In 
two  respects  it  is  peculiar.  In  the  first  place  we  are 
remote  from  the  great  seat  and  centre  of  civilization — 
yet  we  have  the  same  language  as  that  of  the  leading 
empire  of  the  world.  All  the  riches  of  English  litera- 
ture are,  therefore,  ours.  English  authorship  comes 
free  as  the  vital  air,  untaxed,  unhindered,  even  by  the 
necessity  of  translation,  into  our  country:  and  the 
question  is,  shall  we  tax  it,  and  thus  interpose  a bar- 
rier to  the  circulation  of  intellectual  and  moral  light? 
Shall  we  build  up  a dam,  to  obstruct  the  flow  of  the 
rivers  of  knowledge?  In  the  second  place,  our  insti- 
tutions are  based  upon  the  people,  and  at  once  pre- 
sume upon  and  require,  the  diffusion  of  knowledge 
and  instruction,  over  the  whole  mass.  A regard  to 
these  two  points,  it  would  seem,  should  decide  the 
question  at  issue. 

The  argument  in  favor  of  the  proposed  law,  is  briefly 
this:  let  English  authors  come  here,  and  obtain  copy 
rights  upon  their  books : this  will  impose  upon  them 
a tax,  and  increase  their  cost  some  five-and-twenty 
percent.  Thus  burthened,  their  circulation  will  be 
diminished,  and  the  field  afforded  to  American  au- 
thors, will  be  to  a corresponding  extent,  enlarged. 
This  we  believe  to  be  the  whole  ground. 

It  will  be  perceived,  then,  that  the  very  argument 
involves  the  idea  of  excluding,  more  or  less,  the  fruits 
of  British  talent  and  genius.  We  know  that  a com- 
pensation is  promised,  but  is  not  this  illusory?  What 
is  it  we  would  exclude  ? What  is  it  we  would  bar 
out  from  our  country?  At  no  period  of  the  world, 
has  any  nation  presented  such  a mental  and  moral 
harvest,  as  is  afforded  at  the  present  day  by  the  Brit- 
ish press.  Not  only  are  its  productions  more  abundant 
and  varied,  but  more  enriched  with  genius  and  skill 
than  at  any  former  period.  The  power  of  talent  now 
devoted  to  literature  in  England,  surpasses  that  of  any 
other  age:  besides  which,  all  the  graphic  arts  of  illus- 
tration and  embellishment,  with  many  new  inventions 
and  ingenious  improvements  in  printing,  are  drawn 
into  this  great  partnership  of  mind.  Shall  we  refuse 
to  gather  the  share  of  this  harvest  which  providence 
and  our  position,  make  our  own  ? The  English  lan- 
guage is  our  mother  tongue;  England  is  the  land  of 
our  fathers’  nativity;  by  virtue  of  these  conditions,  it 
is  our  birthright  to  breathe,  unquestioned,  the  atmo- 
sphere of  English  mind  and  genius.  The  argument 
of  justice,  on  the  part  of  her  authors,  is  not  to  super- 
sede the  argument  of  justice  to  our  country  : and  is 
justice  to  our  country  compatible  with  the  surrender 
of  so  great  a privilege? 

But  it  is  said  that  our  own  authors,  our  own  Amer- 
ican press,  will  fill  the  vacuum  created  by  a tax  upon 
English  authorship,  and  thus  make  compensation  to 
the  country.  The  time  may  come  when  this  will  be 
true  ; but  at  present  we  believe  it  is  not  our  policy  to 
seek  to  rival  the  luxurious  press  of  London.  The  pre- 
sent mission  of  American  authors,  and  of  the  Ameri- 


can press  is  to  diffuse  knowledge:  to  adimt  light  to  the* 
people,  and  bring  it  in  at  the  windows  of  every  house- 
and  home,  and  make  it  burn  in  every  American  bosom. 
Tlte  |xdiey  of  Europe  is  to  make  the  light  of  science 
shine  brightly  in  certain  focal  points — as  the  univer- 
sity atid  the  institute:  ours  should  bo  to  make  this 
light  free  and  universal  as  the  sunshine  of  heaven. 
Their  policy  seeks  to  make  literature  and  literary  insti- 
tutions the  pillars  of  monarchical  government ; ouis  to 
fortify  and  perpetuate  freedom,  by  basing  our  institu- 
tions upon  the  intelligence  of  the  people. 

This  great  work  of  popularising  knowledge,  to- 
gether with  the  development  of  our  own  resources  his- 
torical, social,  and  political — offers,  as  we  conceive,  an 
ample,  attractive  and  useful  field  to  American  authors. 

In  books  for  education,  for  the  training  of  youth,  for 
the  inculcation  of  morals,  we  already  surpass  other 
nations;  and  in  these  useful  walks  of  literature,  our 
authors  have  been  fairly  paid.  Hitherto  they  have 
been  able  freely  to  use  English  books,  in  preparing 
their  own  ; it  is  a point  for  them  to  consider  how  much 
their  resources  will  be  diminished,  if  the  shield  of 
copyright  is  thrown  over  all  future  English  produc- 
tions. It  is  a question  for  the  national  legislature  to 
consider  how  much  the  diffusion  of  knowledge — how 
much  the  cause  of  education  will  be  hindered,  by  the 
drying  up  of  such  fountains  of  light. 

We  would  also  suggest  another  point  of  vital  im- 
port. If  English  authors  obtain  copy  rights  upon 
their  works  here,  and  our  markets  are  supplied  with 
them,  it  is  apparent  that,  having  no  power  to  adapt 
them  to  our  wants,  our  institutions  and  our  state  of 
society,  we  must  permit  their  circulation  as  they  are. 
We  shall  thus  have  a London  literature  forced  upon 
us,  at  once  driving  our  own  out  of  the  field,  and  sub- 
jecting the  community  to  its  influence.  So  long  as 
we  have  power  over  it — so  long  as  we  can  shape  it  as 
may  suit  our  taste  and  condition,  we  have  nothing  to 
fear;  but  when  this  privilege  is  taken  away,  and  the 
vast  preponderance  of  British  capital  has  driven  our 
own  out  of  the  trade,  shall  we  not  have  in  our  bosom 
a power  at  war  with  our  institutions',  and  dangerous 
to  our  prosperity  ? Is  it  not  safer  and  better  to  let  in 
this  literature  freely,  but  subject  it  to  the  moulding  of 
our  wants  and  wishes,  rather  than  to  give  it  an  ascend- 
ency, and  entrench  it  behind  the  inviolable  privilege 
of  copy  right  ? 

While,  therefore,  we  oppose  a law  of  international 
copy  right,  we  beg  not  to  be  deemed  indifferent  to  the 
claims  of  authors,  or  insensible  to  the  importance  of  a 
national  literature ; but  we  suggest  that  we  cannot 
yet  enter  into  rivalry  with  Europe  in  the  higher  walks 
of  authorship  ; and  that  the  proper  national  literature 
of  a country  like  ours,  is  that  which  seeks  as  its  great 
aim,  the  instruction  of  the  people.  We  conceive  this 
to  be  the  tendency  of  the  present  system  of  things — 
and  we  hope  and  trust  we  shall  not  speedily  or  thought- 
lessly enter  upon  the  experiment  of  change. 

There  are  other,  and  still  more  palpable  objections 
to  the  proposed  law.  If  unrestricted,  every  English 
book  may  come  here  under  its  shelter,  and  these 
United  States,  may,  in  this  respect,  be  made  completely 
tributary  to  England,  so  far  as  her  authors  and  her 
publishers  chose.  In  this  condition  of  things,  our 
entire  country  would  be  as  much  a market  secured  to 
the  London  publisher,  and  the  English  author,  as 
Scotland  or  Ireland  : a portion  of  every  edition  would 
be  sent  here,  and  this  may,  if  the  publishers  so  de- 
cree, constitute  our  only  supply.  We  should  not 
merely  give  them  copyright,  but  the  manufacturing  of 
all  new  English  books.  Should  the  privilege  of  copy 
right  be  restricted  to  books  issued  by  American  pub- 
lishers, and  printed  on  American  types  and  paper-  the 
evils  would  be  less  : but  even  then,  we  conceive  that 
difficulties  exist.  In  any  event,  a law, such  as  is  pro- 
posed, cannot  be  reciprocal — for  England  has  ten  au- 
thors where  we  have  one,  and,  if  adopted,  the  results 
would  bo  ten  to  one  against  us. 

We  abstain  from  urging  further  arguments,  and 


close  by  presenting  an  estimate  of  the  various  interests 
in  the  United  States,  concerned  in  the  questions,  here- 
with presented  to  your  consideration. 


mg  ami  puDiisning,  is  nui  man  

thousand,  and  those  who  are  dependent  upon  these 
for  their  support  amount  to  four  times  that  number. 
The  capital  invested  is  about  fifteen  millions  of  dollars, 
and  the  total  production  not  far  short  of  twenty-seven 
millions  of  dollars  annually.  It  is  true  that  all  these 
persons  and  this  capital  are(  not  equally  interested  in 
the  questions  we  have  discussed  : yet  we  conceive  that 
all  are  more  or  less  concerned,  and  some,  vitally.  If 
there  be  exceptions,  they  must  be  furnished  by  the 
publishers  of  newspapers  and  magazines.  Thc.se  have 
indeed  no  direct  interest  in  the  tariff,  unless  it  be  that 
by  protecting  our  manufactures,  their  materials  are 
cheapened  through  the  influence  of  home  competi- 
tion. But  they  have  a strong  motive  of  opposition  to 
the  proposed  law  of  international  copy  right,  as  the 
resources  by  which  their  columns  are  supplied,  would 
be  essentially  diminished,  if  new  English  publications 
were  placed  beyond  their  reach. 


EMPLOYMENTS,  ic. 


Publishing  and  llookwlliit|. 
Penudicels,  exclusive  of 
Npw>|M|Mir«,  - - - - - 

Book  Binders,  - - - - - 

Ty | *>  Mini  Stereotype  Found- 
ers, 

Kugreving,  Wood,  Steel  Mild 
Copper,  including  Designs, 
Plate  Printing,  ----- 

Newspapers,-*-  - - - - 

Pi  lining,  including  Ne\%s- 
|*u purs,  ------- 

Taper  of  ull  kinds  used  for 
printing,  


It  appears  therefore  that  the  number  of  persons  who 
are  employed  in  the  various  arts  connected  with  print- 


No.  id*  |ier- 
•om 

employed. 

Amount  ol 
business 
Manually. 

Xu.  uf  hooks, 
«v.c.  anniiHlIy 
produced. 

Capital  in- 
vested. 

4,000 

$7,000, M0 

10,000,000  vol. 

4,000,000 

500,00(1 

U,000,"00  No’. 

300,000 

3,500 

1,640,000 

800,000 

700 

406,000 

400,000 

600 

50J 

35  >,000 
401,  OH) 

6,000,000 

( 300,0000,000 
j sheets  Miin’y 

2,200.000  not 
includ’g  pr’g.  , 

05,088 

$7,1 06,010 

3,000,000  I 

8,00:i 

5,000,000 

5,(KK),(I00  1 

Digitized  by  the  Internet  Archive 

in  2016 


https://archive.org/details/petitionofhilliaOOhill 


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